Uncovering Injustices in the Green Transition: Sámi Rights in the Development of Wind Energy in Sweden

Abstract

This contribution is an analysis of how the rights of the Sámi to engage in reindeer husbandry are guaranteed in the green transition to renewable energy in Sweden. Consideration of the increasing number of court decisions addressing the impacts of wind energy on reindeer husbandry in Sweden raises significant questions about the fairness of the transition to sustainable development. The purpose of this analysis is to examine the impacts of wind energy on reindeer husbandry and uncover the justice issues raised by this development. Drawing on the discourse of just transition that includes distributional, procedural and recognition considerations, this analysis more specifically examines the distributive effects of the development of wind energy on reindeer husbandry and identifies how Sámi reindeer herders are included and their status and human rights as an Indigenous people recognised within this process. On this basis, the conclusion from this study is that systemic reforms of the Swedish system that take due consideration of the human rights of the Sámi as an Indigenous people must be implemented in order to ensure a transition to sustainable development that equally benefits Sámi reindeer herders and can therefore provide justice for all.

Indigenous Peoples, Natural Resources and Governance

“…First, the Norrbäck and Pauträsk cases epitomize the decisions of most court cases concerning legal disputes between reindeer herding communities (samebyar in Swedish plural and hereafter named "sameby," in singular) and wind energy developers. As in the majority of court decisions, these cases, too, resulted in the authorization of the wind energy projects despite impacts on reindeer husbandry (Cambou, 2020). Second, both cases illustrate the complexity of assessing the impact of wind energy projects on reindeer husbandry.…”

“…Wind energy constitutes a current form of industrial development that jeopardizes reindeer husbandry as a traditional livelihood of the Sámi and their rights as an Indigenous people Tauli-Corpuz, 2014). In this regard, the development of wind energy is considered by Sámi representatives as a form of neo-colonialism and has triggered an increasing number of lawsuits in both Sweden and Norway, leaving the judicial system to tackle and resolve the issue (Cambou, 2020). In this chapter, we examine this topic through the analysis of two court decisions issued in the Norrbäck and Pauträsk cases, which concern the establishment of two wind energy projects within an important area of reindeer husbandry on the winter pastures of Vapsten reindeer herding community in northern Sweden (Figure 3.1).…”

Towards a Territorially Just Climate Transition—Assessing the Swedish EU Territorial Just Transition Plan Development Process

“…Changes in temperatures and precipitation influence the conditions for reindeer herding, for instance through changes in food supply for reindeers as well as water and flooding conditions. At the same time, laws and policies to accelerate the phasing out of fossil fuels, such as the increased use of biomaterial and installations of wind turbines or hydropower infrastructure, also have implications for the land and water use of the Sámi people [47]. Due to these potential negative impacts of climate change and climate transition measures on the Sámi's traditional way of life, it is important that their right to be consulted is always respected.…”

Wind energy projects and reindeer herders’ rights in Finnish Lapland

“…Understanding law in practice requires empirical research (Llewellyn, 1931;Macaulay, 1963). However, the effects of wind farm projects on Indigenous and/or traditional livelihoods from the national and international legal point of view have been quite scarcely studied so far (see, e.g., Szpak, 2019;Cambou, 2020). Wind turbines can naturally have human rights implications toward humans (Mitchell, 2016), but we leave this out of the scope of this article.…”